Texas led a plea in the court which was joined in by twelve other states opposing Obama “transgender policy”, whereby a judge in the U.S. put a ban on the guidance provided by Obama administration that gave the transgender students of public school the right to “use bathrooms of their choice”. Likewise, the policy faces a “a nationwide injunction”.
According to Reed O'Connor, a judge in Texas’ Northern District, the reason behind his decision of injunction is a failure on the part of Obama administration to follow properly the “procedures for notice and comment in issuing the guidelines”, as the issued guidelines were contradicting the “existing legislative and regulatory texts”.
O'Connor was appointed by the Republican President George W. Bush. Nevertheless, he found that the guidelines of the defendants, consisting of the “U.S. Departments of Education and Justice”, had substance and were within the legal jurisdiction; in his words:
“Although Defendants have characterized the Guidelines as interpretive, post-guidance events and their actual legal effect prove that they are 'compulsory in nature'”.
During a hearing on the “injunction” case which took place on the 12th of August in Fort Worth, the Texas based lawyers stated that the policy guidelines were usurping the school authorities across the nation, as they were risking to lose “billions of dollars in federal funding for education” if they failed to comply with the same.
However, the lawyers at the U.S. Justice Department wanted to dismiss the injunction for according to them the issued guidelines did not attach themselves with any legal consequences. Reuters adds:
“The guidance issued by the Justice Department and Education Department said public schools must allow transgender students to use bathrooms, locker rooms and other intimate facilities that correspond with their gender identity, as opposed to their birth gender, or face the loss of federal funds”.
In a written statement O'Connor prohibited the Obama administration to enforce the guidelines in the cases listed herewith: “against plaintiffs and their respective schools, school boards, and other public, educationally based institutions”.
Here is the list of thirteen states who initiated the injunction suit:
According to Reed O'Connor, a judge in Texas’ Northern District, the reason behind his decision of injunction is a failure on the part of Obama administration to follow properly the “procedures for notice and comment in issuing the guidelines”, as the issued guidelines were contradicting the “existing legislative and regulatory texts”.
O'Connor was appointed by the Republican President George W. Bush. Nevertheless, he found that the guidelines of the defendants, consisting of the “U.S. Departments of Education and Justice”, had substance and were within the legal jurisdiction; in his words:
“Although Defendants have characterized the Guidelines as interpretive, post-guidance events and their actual legal effect prove that they are 'compulsory in nature'”.
During a hearing on the “injunction” case which took place on the 12th of August in Fort Worth, the Texas based lawyers stated that the policy guidelines were usurping the school authorities across the nation, as they were risking to lose “billions of dollars in federal funding for education” if they failed to comply with the same.
However, the lawyers at the U.S. Justice Department wanted to dismiss the injunction for according to them the issued guidelines did not attach themselves with any legal consequences. Reuters adds:
“The guidance issued by the Justice Department and Education Department said public schools must allow transgender students to use bathrooms, locker rooms and other intimate facilities that correspond with their gender identity, as opposed to their birth gender, or face the loss of federal funds”.
In a written statement O'Connor prohibited the Obama administration to enforce the guidelines in the cases listed herewith: “against plaintiffs and their respective schools, school boards, and other public, educationally based institutions”.
Here is the list of thirteen states who initiated the injunction suit:
- Texas
- Wisconsin
- Tennessee
- Maine
- Louisiana
- Kentucky
- Georgia
- West Virginia
- Alabama
- Mississippi
- Utah
- Oklahoma
- Arizona
Moreover, ten other states have also filed a separate case suing the Obama administration’s guidelines.
References:
http://www.reuters.com/
